2023-O-08 - 3505 Rock Oak Tr CPA tllo�
ORDINANCE NO. 2023-0-08
AN ORDINANCE OF THE CITY OF EDGEWATER
AMENDING THE COMPREHENSIVE PLAN, AS
AMENDED, BY AMENDING THE OFFICIAL FUTURE
LAND USE MAP FROM VOLUSIA COUNTY URBAN LOW
INTENSITY TO CITY LOW DENSITY RESIDENTIAL
FOR .34f ACRES OF CERTAIN REAL PROPERTY
LOCATED AT 3509 ROCK OAK TRAIL (PARCEL
IDENTIFICATION NUMBER 844901000170),
EDGEWATER, FLORIDA; PROVIDING FOR PUBLIC
HEARINGS, FINDINGS OF CONSISTENCY; PROVIDING
FOR CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Jeffrey Arndt„ applicant, has applied for an amendment to the
Comprehensive Plan Future Land Use Map to include property located at 3509 Rock Oak Trail,
within Volusia County, Florida as Low Density Residential. Subject property contains
approximately .341 acres.
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WHEREAS, the Planning and Zoning Board, sitting as the City's Local Planning
Agency, held a Public Hearing pursuant to 163.3174, Fla. Stat., on Wednesday, December 14,
2022, and by a vote of 7-0 recommended that the City Council approve the proposed Plan
Amendment;
WHEREAS, the City Council feels it is in the best interests of the citizens of the
City of Edgewater to amend its Comprehensive Plan as more particularly set forth hereinafter.
NOW,THEREFORE,BE IT ENACTED BY THE CITY COUNCIL OF THE
CITY OF EDGEWATER,FLORIDA:
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2023-0-08
PART A. AMENDMENT.
Ordinance No. 81-0-I0, as amended and supplemented, adopting the Comprehensive
Plan of the City of Edgewater, Florida, regulating and restricting the use of lands located
within the City of Edgewater, Florida, shall be amended to include property described in
Exhibits"A" and "B"on the Future Land Use Map as Low Density Residential.
PART B. PUBLIC HEARINGS.
It is hereby found that a public hearing held by the City Council to consider adoption of
this ordinance on January 9,2023,at 6:00 p.m. in the City Council Chambers at City Hall, 104
N.Riverside Drive, Florida, after notice published at least 10 days prior to hearing is deemed to
comply with 163.3184,Fla. Stat.
PART C. CONFLICTING PROVISIONS.
All ordinances and resolutions, or parts thereof that are in conflict with this ordinance,are
hereby superseded by this ordinance to the extent of such conflict.
PART D. EFFECTIVE DATE.
The effective date of this plan amendment, if the amendment is not timely challenged,
shall be 31 days after the state land planning agency notifies the local government that the plan
amendment package is complete. If timely challenged, this amendment shall become effective
on the date the state land planning agency or the Administration Commission enters a final order
determining this adopted amendment to be in compliance. No development orders, development
permits, or land uses dependent on this amendment may be issued or commence before it has
become effective. If a final order of noncompliance is issued by the Administration Commission,
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2023-0-08
this amendment may nevertheless be made effective by adoption of a resolution affirming its
effective status, a copy of which resolution shall be sent to the state land planning agency. The
amendment shall also not be effective until certification is received from the Volusia
Growth Management Commission.
PART E. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining, portions of this ordinance. If
this ordinance or any provisions thereof shall be held to be inapplicable to any person, property,
or circumstance, such holding shall not affect its applicability to any other person. with
property, or circumstance.
PART F. ADOPTION.
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PASSED AND DULY ADOPTED this day of r 11 t , 2023.
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Diezel DePew, Mayor
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Bonnie Zlotnik, LAC, City Clerk
Passed on first reading on the q*tH-"day of , � ,2023
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REVIEWED AND APPROVED: 1.
Aaron R. Wolfe, it Attorney
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2023-0-08
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 17, REDFISH COVE, according to the Plat thereof as recorded in Plat Book 54, Pages 80 and 81,
Public Records of Volusia County,Florida.
This legal description includes any/all adjoining right-of-way relating to the subject properly.
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2023-0-08
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